Does Workers’ Compensation Cover Coronavirus (COVID-19)?

In order to be eligible for workers’ compensation due to the coronavirus, employees must be able to prove that their illnesses are work-related.

As the coronavirus continues to spread across the United States, many companies are taking the extraordinary step of sending their employees home for an indefinite period of time. However, many employees are still being asked to report to work amidst the COVID-19 outbreak, and there have already been several reported cases of employees getting the coronavirus on the job. So, for many employees, this begs the question: If you get the coronavirus at work, are you eligible for workers’ compensation?

This is a question that we expect many more people will be asking in the coming months. With this in mind, here is an overview of what employees in the United States need to know about the coronavirus and workers’ compensation:

10 Key Facts about the Coronavirus and Workers’ Compensation

Simply missing time from work due to an illness (even the coronavirus) does not make an employee eligible for workers’ compensation benefits. In order to be eligible, an employee must get sick on the job while acting within the scope of his or her employment.

This “within the scope of employment” requirement does not mean that an employee needs to be performing his or her specific job duties, but it does mean that certain situations will not be covered. For example, if you went to the store during your lunch break and contracted the coronavirus while you were there, then your illness may not be covered. On the other hand, if you came into contact with the COVID-19 virus in the bathroom or in the hallway in your office building, this is most likely a situation in which you would be eligible for workers’ compensation benefits.

2. You Do Not have to Get Sick at Your Normal Workplace

To be clear, however, you do not have to get sick at your normal workplace in order to be eligible to receive workers’ compensation. The only question (for these purposes) is whether you were acting within the scope of your employment when you came into contact with the coronavirus. For example, situations in which employees may be eligible to receive workers’ compensation for the coronavirus (COVID-19) include:

Traveling for work

Making a client visit

Attending a conference for work

Attending a work-related function or event

Going to the store for work-related purposes

3. Your Employer Does Not have to Be At Fault in Order for You to Claim Benefits

Another key aspect of workers’ compensation is that it is a no-fault system. This means that your employer does not have to be at fault for you being diagnosed with the coronavirus (COVID-19). So, even if your employer has followed the CDC’s coronavirus recommendations and taken all other appropriate precautions, if you get sick at work and you are otherwise eligible, you can file for workers’ compensation.

In fact, in most cases, employers are “immune” from fault-based lawsuits for work-related injuries and illnesses. This is the trade-off of the no-fault workers’ compensation system. Employers are not at risk for being sued (in most cases), but they must pay medical and disability benefits to all eligible employees.

4. There May Be Situations in Which Employees Can Sue for the Coronavirus (COVID-19)

While employers are immune from employee lawsuits for most job-related illnesses and injuries, there are exceptions. For example, in certain circumstances, employees can sue their employers for “gross negligence.” If your employer failed to take the necessary steps to protect you and your coworkers from the coronavirus, then you may have grounds to sue. This is important because a lawsuit for contracting the coronavirus due to gross negligence can provide full compensation (including compensation for non-economic losses), whereas workers’ compensation benefits are limited by law.

In addition to suing their employers in certain circumstances, employees can also sue third parties that are responsible for the spread of the coronavirus. When suing a third party, only “ordinary” (as opposed to “gross”) negligence is required. If you were exposed to COVID-19 at work because of another company’s negligence (i.e. you visited a client’s office where appropriate precautions had not been taken), then you may have grounds to file a coronavirus lawsuit.

Professional services employees, including administrators, account managers, and paraprofessionals

Restaurant and retail employees, including grocery store and supermarket employees

Teachers, professors, administrators, and other school personnel

Travel and hospitality industry employees

Of course, there are exceptions, and different states have different standards when it comes to determining what companies are required to provide workers’ compensation coverage. Additionally, different states are taking different approaches with regard to providing workers' compensation coverage for COVID-19 claims specifically. As a result, if you or a member of your family has been diagnosed with coronavirus (COVID-19) and you believe the diagnosis may be work-related, you should speak with a local work injury lawyer promptly.

6. Independent Contractors are Not Eligible for Workers’ Compensation, But May Have Grounds to Sue

As a general rule, workers who are classified as independent contractors are not eligible for workers’ compensation. However, independent contractors may have grounds to sue for work-related coronavirus (COVID-19) diagnoses. If you are an independent contractor and you contracted the coronavirus at work, you could potentially have a negligence-based claim for damages.

7. In Order to Recover Workers’ Compensation Benefits, Employees Will Need to Be Able to Prove that Their Coronavirus Diagnoses are Work-Related

As we already mentioned, in order to recover workers’ compensation for the coronavirus, an employee’s illness must be work-related. However, an issue that many employees are likely to face is the question of proof. As insurance companies get flooded with coronavirus-related claims, they are going to be looking for clear evidence that employees got sick on the job and not somewhere else.

So, how do you prove that you contracted the coronavirus at work? Unfortunately, in many instances, this could be a challenge. For example, the Washington State Department of Labor & Industries has stated that, “[i]n most cases, exposure and/or contraction of COVID-19 is not considered to be an allowable, work-related condition.” However, this is specific to Washington, and Washington’s workers’ compensation system is unique from other states.

Since symptoms of coronavirus typically appear 2 to 14 days after exposure (according to the CDC), one challenge employees are likely to face will be pinpointing the specific cause of their illness. However, for those who suffer serious and/or long-term consequences due to COVID-19, it will absolutely be worth it to speak with an attorney about filing a claim for benefits, damages, or both.

8. Workers Who are Diagnosed with Coronavirus Must Be Diligent about Protecting Their Health and Their Legal Rights

Regardless of what you do for work, regardless of where you got sick, and regardless of what your legal rights may be, if you are experiencing symptoms of coronavirus (COVID-19), it is important for you to be diligent. You should see a doctor right away, you should follow your doctor’s advice and the CDC’s recommendations, and you should speak with an attorney at the first available opportunity.

Sadly, the coronavirus presents particular risks for older adults and individuals with certain health conditions. If you have lost a loved one due to the coronavirus, workers’ compensation provides death benefits, and you should speak with a lawyer about taking appropriate legal action to secure just compensation for your family.

10. Anyone Who Has Questions about Coronavirus (COVID-19) Should Seek Professional Help Promptly

Above all, as the coronavirus pandemic continues to impact more and more people in the United States and around the world, anyone who has concerns about COVID-19 should seek professional help promptly. Do not hesitate to see a doctor if you are experiencing symptoms, and consult with a lawyer if you have questions about workers’ compensation or filing a coronavirus-related lawsuit.

Are You Entitled to Workers’ Compensation for Coronavirus? Discuss Your Case with a Work Injury Lawyer Near You

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